Tuesday, April 1, 2014
Civil and Criminal Contempt
There are two kinds of contempt in Mississippi: (1) civil contempt and (2) criminal contempt. Each one has different evidentiary burdens. One issue I see is that technically most contempt petitions in chancery are for civil contempt as opposed to criminal contempt. I think in certain circumstances, a petition for criminal contempt may be appropriate. One has to remember though that this includes a 5th amendment claim by the opposing party where in the criminal context this cannot be held against a party but can be used to draw an inference in the civil context.